Written Answers Tuesday 8 April 2008

Scottish Executive

Alcohol Misuse

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive what discussions it has had with the UK Government on reducing the blood alcohol level permitted when driving.

Kenny MacAskill: On 19 July 2007, I had meetings with Vernon Coaker MP, Minister of State at the Home Office. and the Home Secretary to discuss a number of issues including drink driving.

  On 12 March 2008, I wrote to the Secretary of State for Transport, Ruth Kelly MP, urging the UK Government to lower the drink driving limit to 50mg per 100ml of blood, and to introduce random breath testing.

Alcohol Misuse

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive on how many occasions the Cabinet has discussed the issue of drink-driving and when such discussions took place.

Kenny MacAskill: Information relating to the proceedings of the Scottish Cabinet is considered exempt from disclosure under sections 29 (a) and (b) and 30(a) and (b) of the Freedom of Information (Scotland) Act 2002.

Communities

Bill Kidd (Glasgow) (SNP): To ask the Scottish Executive whether it will provide details of the organisations that have benefited from the CashBack for Communities scheme, broken down by (a) amount of award and (b) activity type.

Kenny MacAskill: We are at present providing £2.238 million of funding under CashBack for Communities to the Scottish Football Association to roll out a range of free football activities across Scotland. These activities address playing and coach/volunteer development work. Further information is available on the CashBack website, www.cashbackscotland.com .

  Regarding the agreement with YouthLink to administer the £3 million local grant scheme, decisions on funding applications will be taken in May and an announcement on successful candidates will be made following this.

  Further announcements will be made over the course of the next two months.

Drug Misuse

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many incidents involving police there were where cannabis was confiscated during a routine search in each year from 2002 to 2007, broken down by police force area.

Kenny MacAskill: Information on incidents involving police where cannabis was confiscated as a result of a routine search is not held centrally. However, data on all cannabis related seizures is available in the following publications. All of the following publications have been placed in the Scottish Parliament Information Centre.

  

Publication
Bib. Number
Table
Year


Drug Misuse Statistics Scotland, 2004
36121
E2.2
2002


Drug Misuse Statistics Scotland, 2005
38474
D2.2
2003


Drug Seizures by Scottish Police Forces, 2004-2005 and 
2005-2006
42386
11
14
2004-05
2005-06

Firearms

Bill Kidd (Glasgow) (SNP): To ask the Scottish Executive whether Taser weapons are defined as firearms.

Kenny MacAskill: Taser weapons are defined as firearms under section 5(1)(b) of the Firearms Act 1968 (as amended).

Firearms

Bill Kidd (Glasgow) (SNP): To ask the Scottish Executive whether the deployment of Taser weapons is an operational matter for Chief Constables and, if so, what (a) legislation or guidelines define such deployment as an operational matter and (b) the scope is of the term "operational matter".

Kenny MacAskill: The deployment of Taser weapons is an operational matter for Chief Constables.

  Section 17(2) of the Police (Scotland) Act 1967 states that the performance by a constable of his functions under any enactment or under any rule of law shall be subject to the direction of the appropriate Chief Constable.

Flood Prevention

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive which areas of Scotland have introduced sea defences to their coastlines in the last 10 years.

Michael Russell: Perth and Kinross, North Ayrshire, and Argyll and Bute councils have carried out flood prevention schemes against coastal flooding in the last ten years.

Hedges

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive when the review of its antisocial behaviour strategy will be completed and whether the nuisance caused by high hedges will be addressed in the review.

Fergus Ewing: As part of the review we will be considering the use, effectiveness and range of existing measures available to local agencies to tackle unacceptable behaviour, including services relevant to high hedge disputes, such as mediation. We intend to publish the findings of the review by the end of 2008.

  Additionally, the Scottish Government is exploring options, including legislative ones, for supporting a means of last resort for resolving disputes about high hedges. This will be done in parallel to the national antisocial behaviour review. In doing so, we will bear in mind consultation on the issue by the previous administration, the provisions in place in England and Wales, and Scott Barrie’s bill, which fell at dissolution of the last session of the Parliament.

Hedges

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what advice it can give to householders affected by 40-feet high trees or hedges close to their homes.

Fergus Ewing: Services already provided by community safety partnerships, such as mediation, can be very effective in dealing with a range of neighbour disputes, including those about high hedges.

  However, the Scottish Government is giving active consideration to how best it could support the provision of a suitable means of last resort for resolving cases in which all other measures have been exhausted.

Justice

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive, further to the answer to question S3W-8000 by Kenny MacAskill on 21 January 2008, when it will publish its consultation paper regarding juror issues.

Kenny MacAskill: In view of the range of juror issues on which I now plan to seek views, my aim is to publish a consultation paper in the early summer.

Justice

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive when it will bring forward legislation to reverse the House of Lords judgment of 17 October 2007 to ensure that people with pleural plaques can continue to raise an action for damages.

Fergus Ewing: On 29 November 2007 we announced our decision to introduce a bill to reverse the House of Lords Judgment of 17 October 2007 in Johnston v NEI International Combustion Ltd . We also announced that the provisions of the bill would take effect from the date of the Judgment. The intention is to ensure that pleural plaques remain an actionable injury in Scots law. The bill which is introduced to the Parliament will also make clear that asymptomatic pleural thickening and asymptomatic asbestosis, when caused by negligent exposure to asbestos, continue to give rise to a claim for damages in Scotland. Subject to Parliamentary timetabling, we expect to introduce the bill before the summer recess.

Justice

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive what sentencing guidelines are issued to judges for murder convictions.

Kenny MacAskill: Scotland at present has no system of sentencing guidelines. However, the Scottish Government believes that there is a case for guidelines to deliver more consistent and transparent sentencing and for setting up a sentencing council to create them. We consider that there needs to be further consultation and dialogue with key interests, principally the judiciary, on this issue.

Prison Service

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-10125 by Kenny MacAskill on 3 March 2008, how many expectant female prisoners, following risk assessment, (a) were and (b) were not handcuffed at any point during their hospital stay in (i) 2006 and (ii) 2007.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  SPS does not hold this information. We have also been advised by Reliance that they do not hold the information either. Reliance are carrying out a further review of the security arrangements for expectant prisoners. This review will also result in risk assessment records being captured/retained in the future.

Prison Service

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, further to the answer to question S3W-10125 by Kenny MacAskill on 3 March 2008, whether it will publish details of the risk assessment criteria used by Reliance in reaching a decision as to whether expectant female prisoners should be handcuffed when in hospital to give birth.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  Prior to admission to hospital Reliance attend a pre-birth case conference involving the SPS.

  The risk assessment of the prisoner takes into account the following elements:

  1. Any relevant medical issues

  2. Intelligence (including any external threats)

  3. Sentence

  4. Earliest date of liberation

  5. Birthing partners

  6. Visitors

  7. Term of hospital confinement

  8. If child detained, bonding visits

  9. In addition a full location risk assessment is carried out for the maternity ward at Stirling Royal Infirmary.

  Reliance do not handcuff the prisoner while in labour or during bonding after birth unless the case conference highlights areas of significant risk.

Prison Service

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive what emergency plans or provisions it has inherited from the previous administration to cover the relocation of prison populations in the event of any prison or part of such a prison being rendered uninhabitable by reason of fire, water damage or other cause.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  SPS contingency plans depended on making intensive use of existing accommodation and bringing into use redundant accommodation where available.

Prison Service

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive what emergency plans or provisions it has put in place to cover the relocation of prison populations in the event of any prison or part of such a prison being rendered uninhabitable by reason of fire, water damage or other cause.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  SPS contingency plans depend on making intensive use of existing accommodation and bringing into use redundant accommodation where available. With the continued growth in the prison population additional measures may be necessary and these are currently under consideration by the Scottish Government.